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MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING May 21, 2013 Page 1 Regular Meeting of the City Council was called to order by Mayor Paulekas at 6:33 p.m. 1. Pledge of Allegiance. Mayor Paulekas led the Pledge of Allegiance. 2. Roll Call. Roll call showed present: Henry, Pearce, McKinley, Vitale, Hanson, Shumway, Weaver, and Paulekas. Absent: Kempert. Staff present: Janine Jordan, City Manager; David Derragon, Asst. City Manager; David Clark, City Attorney; Malea Brown, Administrative Services Director; Randy Hunt, Community Development Director; Paul Harrison, Parks and Recreation Director; Dale Stalder, Police Chief; and Meredith Peterson, Municipal Judge. 3. Disclosures by City Council Members. None. 4. Consideration of Changes in Agenda and Setting the Agenda. A. MOTION BY WEAVER, seconded by Henry, that the following changes to the Agenda be approved: Delete Item 10 from the Regular Agenda. MOTION CARRIED by voice vote. B. MOTION BY WEAVER, seconded by Henry, that the Agenda be set as changed. MOTION CARRIED by voice vote. 5. Approval of Consent Agenda. MOTION BY WEAVER, seconded by Vitale, that the Consent Agenda be approved and that each specific action on the Consent Agenda be approved as indicated. Roll call showed Aye: Hanson, Henry, McKinley, Pearce, Shumway, Vitale, Weaver, and Paulekas. Nays: McKinley on Item 5 M. Absent: Kempert. MOTION CARRIED. CONSENT AGENDA 5A. Minutes of City Council Meetings. Action: that Council approve the Minutes of the City Council Regular Meeting of May 07, 2013, and Special Meeting of May 16, 2013, and have them placed on file for public inspection. 5B. Cemetery Deeds for May 01-15, 2013. Action: that the Cemetery Deeds for May 01-15, 2013 be accepted, and the Mayor and City Clerk be authorized to sign and have them recorded in the Office of the County Clerk. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING May 21, 2013 Page 2 5C. Minutes. Action: that Council acknowledge receipt of the Minutes of Parks, Trails and Recreation Ad Hoc Committee Meeting of April 24, 2013, and that the following items be approved as indicated: N/A. 5D. Minutes. Action: that Council acknowledge receipt of the Minutes of Traffic Commission Meeting of March 14, 2013, and that the following items be approved as indicated: 1. To approve the installation of two fluorescent yellow advance warning signs (ww11-15) to be placed 300 feet adjacent to the location of 22nd Street, one on the north and one on the south side of the intersection of Arrowhead Street (which is a private street) and 22nd Street. The University of Wyoming has agreed to pay for the ADA ramp on 22nd Street and the cost of the signage in this location; 2. To approve a specifically reserved handicap parking space at 1520 E. Custer Street; 3. To approve placement of handicap parking along the frontage (on 19th Street) of the property located at 406 South 19th Street and 4 hour limited parking on the north side of the property (on Garfield St.). 5E. Minutes. Action: that Council acknowledge receipt of the Minutes of the Urban Systems Advisory Committee Meeting of April 03, 2013, and to approve recommended actions as specified herein: 1. To approve that the Committee confirmed the priorities list for 2012 were still valid for 2013; and, 2. To approve Amendments to the Adopted (2010) Major Street Plan: A. To reclassify Asphalt Lane on the adopted Major Street Plan from Collector to Minor Arterial status as shown on Map 5-B-1; B. To shift Asphalt Lane alignment northward on the adopted Major Street Plan between future 22nd Street and U.S. Hwy 30/287, as shown on Map 5-B-1; C. To remove future Beaufort Street between future 22nd Street and future 30th Street from the adopted Major Street Plan as shown on Map 5- B-2; D. To shift future Boulder Drive alignment between Beech Street and future Bill Nye Avenue eastward on the adopted Major Street Plan to correspond to existing City waterline easement, as shown on Map 5-B-3; E. To make minor adjustments to future Bill Nye Avenue on the adopted Major Street Plan to correspond to the existing City waterline easement; and, 3. To approve Amendments to the Adopted (2010) Functional Classification Map: A. To extend Minor Arterial classification of existing Beaufort Street eastward on the adopted Functional Classification Map from Nighthawk Drive to 22nd Street; B. To shift future Asphalt Lane alignment northward on the adopted Functional Classification Map between future 22nd Street and Roger Canyon Road. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING May 21, 2013 Page 3 5F. MOU. Action: that the Council approve the Memorandum of Understanding between the City of Laramie and Greater Wyoming Big Brothers Big Sisters, in the amount of $38,000.00, for support of the Parks and Recreation SACC Program, and authorize the Mayor and City Clerk to sign. 5G. Agreement. Action: that the Council approve the Agreement for Professional Services between the City of Laramie, WY and Wester-Wetstein & Associates, Inc., in the amount of $77,943.50, for permitting and design of a well system for non-potable irrigation for LaPrele and Washington Parks, and authorize the Mayor and City Clerk to sign. 5H. Agreement. Action: that the Council approve the Agreement for Professional Services between the City of Laramie, WY and Skyhawks Sports Academy, Inc., to provide youth sports camps through the City’s Parks and Recreation Department, and authorize the Mayor and City Clerk to sign. 5I. Agreement. Action: that the Council acknowledge receipt of the letter from the Alpine Tennis Association, Inc., terminating the lease for approximately 4.26 acres south of the Recreation Center and west of Boulder Drive for use as an indoor/outdoor tennis complex. 5J. Agreement Amendment. Action: that Council approve Amendment No. 1 to the Professional Engineering Services Agreement with Trihydro for SPT Phase 4 Schedule 7, in the amount of $8,889.00 5K. License Agreement. Action: that Council approve a License Agreement with the University of Wyoming To Construct, Use & Maintain Utility Lines In The Public Right-of-Way across 30th Street between Grand Avenue and Joanna Brunner Drive, and authorize the Mayor and City Clerk to sign. 5L. License Agreement. Action: that Council approve a License with Albany County of Wyoming to Construct, Use & Maintain Utility Lines in The Public Right-of-Way for a communication line in Ivinson Street, generally located between the Albany County Court House at 525 Grand Avenue to the Albany County Offices at 501 Ivinson Street, and to authorize the Mayor and City Clerk to sign. 5M. Notice of Calcutta. Action: that Council acknowledge receipt of the Notice of Calcutta Letter from Laramie Jubilee Days to hold a Calcutta on Wednesday, July 10, 2013, at 4:00 p.m., in the Red Barn at the Albany County Fairgrounds for the Mr. T. Classic Bull Riding Rodeo. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING May 21, 2013 Page 4 5N. Letter of Support. Action: that Council authorize the Mayor to sign the Letter of Support for the International Mountain Biking Association (IMBA) Ride Center designation for Curt Gowdy State Park. 5O. Schedule Meeting(s): Action: that Council schedule the following meeting(s): 1. Public Hearing, June 04, 2013, 6:30 p.m., Business Ready, Business Committed Grant Application; 2. Public Hearing, June 11, 2013, 6:00 p.m., TEAL Grant Application; 3. Special Meeting, June 17, 2013, 6:00 p.m., Consideration of Cirrus Sky Preliminary Plat; 4. Work Session, July 23, 2013, 6:00 p.m., Main Street Annual Report; and, that Council cancel the following meeting: 1. Special Meeting, May 30, 2013, 6:00 p.m., Consideration of Cirrus Sky Preliminary Plat. REGULAR AGENDA 6. Resolution No. 2013-40, designating an annual Community Arbor Day and Tree Sale Celebration for June 8th, 2013. MOTION BY HANSON, seconded by Weaver, that Council approve Resolution No. 2013-40 designating June 8th, 2013 as the 29th annual Community Arbor Day and Tree Sale Celebration and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Hanson, Henry, McKinley, Pearce, Shumway, Vitale, Weaver, and Paulekas. Nays: None. Absent: Kempert. MOTION CARRIED. 7. Consideration of Travel Request for Municipal Judge to attend the National Judicial Education Classes ($2,065.00). MOTION BY SHUMWAY, seconded by Pearce, that Council approve a travel request for the Municipal Judge, Meredith Peterson, to attend the National Judicial education classes for Municipal Judges which travel and registration costs are projected above the $2,065.00 not to exceed maximum set in the judge’s contract. Roll call showed Aye: Hanson, Henry, McKinley, Pearce, Shumway, Vitale, Weaver, and Paulekas. Nays: None. Absent: Kempert. MOTION CARRIED. 8. Resolution No. 2013-41, resolution of the City of Laramie City Council approving a request to amend the Future Land Use Map (Map 3.2) of the 2007 Laramie Comprehensive Plan. The City Clerk’ Assistant read Resolution No. 2013-41 by title only. RESOLUTION OF THE CITY OF LARAMIE CITY COUNCIL APPROVING A REQUEST TO AMEND THE FUTURE LAND USE MAP (MAP 3.2) OF THE 2007 LARAMIE COMPREHENSIVE PLAN. MOTION BY VITALE, seconded by Hanson, that Council approve City Council Resolution 2013-41, approving amendments to the Future Land Use Map (Map 3.2) of the 2007 Laramie Comprehensive Plan. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING May 21, 2013 Page 5 MOTION BY VITALE, seconded by Hanson, that Council postpone until June 4, 2013. MOTION BY HANSON, seconded by Vitale, to change amendment date to June 18, and remand back to the Planning Commission. Roll call showed Aye: Hanson, Henry, McKinley, Pearce, Shumway, Vitale, Weaver, and Paulekas. Nays: None. Absent: Kempert. MOTION CARRIED. (MOTION to remand back to Planning Commission makes ineffective the MOTION to postpone; therefore, no vote required on postponement.) 9. Consideration of SPT Phase 3, Schedule 2 Construction 2013 Alley Rehab Bid Award ($530,025.34). MOTION BY PEARCE, seconded by Shumway, that Council award the Specific Purpose Tax, Phase 3, Schedule 2, 2013 Alley Rehab to Hamaker Excavation, Inc., of Laramie, WY, in the amount of $530,025.34, plus a contingency of $53,002.54 for a total amount not to exceed $583,027.88, to approve the contract therefore, and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Hanson, Henry, McKinley, Pearce, Shumway, Vitale, Weaver, and Paulekas. Nays: None. Absent: Kempert. MOTION CARRIED. 10. Consideration of SPT Phase 3, Schedule 4 Construction 2013 Water Line & Street Rehab Bid Award ($826,936.18. 11. Consideration of Change Orders/Amendment to Wastewater Plant/West Laramie Lift Station Project: A. Construction Contract Change Order No. 1 with Velocity Contractors, Inc., in the amount of $53,159.13; B. Professional Services Agreement Amendment No. 2 with Farnsworth Engineering, in the amount of $1,800.00. MOTION BY HENRY, seconded by McKinley, that Council approve the Change Orders to the Construction Contract with Velocity Constructors, Inc., for the Wastewater Plant/West Laramie Lift Station Project in the amount of $53.159.13, and an amendment to the Professional Services Agreement for Design and Construction Observation with Farnsworth Engineering in an amount of $1,800.00 and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Hanson, Henry, McKinley, Pearce, Shumway, Vitale, Weaver, and Paulekas. Nays: None. Absent: Kempert. MOTION CARRIED. 12. Consideration of Cottonwood Estates LID documents: A. Petition from landowners in Cottonwood Estates for formation of a Local Improvement District; MOTION BY WEAVER, seconded by McKinley, that Council accept the petition from the residents of Cottonwood Estates subdivision for the formation of a Local Improvement District for the replacement of waterlines to bring such the City standards and instruct staff to prepare the necessary Resolution of Intent and notices to all affected landowners. ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING May 21, 2013 Page 6 Roll call showed Aye: Hanson, Henry, McKinley, Pearce, Shumway, Vitale, Weaver, and Paulekas. Nays: None. Absent: Kempert. MOTION CARRIED. B. Resolution of Intent No. 2013-42, to establish a local improvement district in Rosma- Cottonwood Estates for the replacement of water lines to meet the standards of the City and establishing the extent of the improvements to be made and the proposed boundaries of the local improvement district. MOTION BY WEAVER, seconded by Henry, that Council approve Resolution 2013-42, a Resolution of Intent to form a local improvement district within the boundaries of the Rosma Cottonwood Estates subdivision with the purpose to replace of waterlines to meet City standards for fire and residential purposes, to authorize the publication of notice for remonstrances and authorize the Mayor and City Clerk to sign. Roll call showed Aye: Hanson, Henry, McKinley, Pearce, Shumway, Vitale, Weaver, and Paulekas. Nays: None. Absent: Kempert. MOTION CARRIED. 13. Consideration of License with Albany County to permit installation of emergency siren on City owned properties. MOTION BY MCKINLEY, seconded by Shumway, that Council approve the two license agreements with Albany County for the installation of emergency sirens on City property near the Animal Shelter at 1054 N. 5th Street and in the alley of the 1200 block of Fetterman Drive. Roll call showed Aye: Hanson, Henry, McKinley, Pearce, Shumway, Vitale, Weaver, and Paulekas. Nays: None. Absent: Kempert. MOTION CARRIED. 14. Consideration of Amendment to Code of Conduct and Guidelines for City Council. MOTION BY VITALE, seconded by Pearce, that Council amend the Council Code of Conduct, Section 4.01 as presented by the City Attorney in Exhibit A. MOTION BY VITALE, seconded by Pearce, that Council amend 4.01 by eliminating the second bullet point, and change the third bullet point to read “Following Council discussion of each agenda item during the regular meetings and work sessions for comments concerning that agenda item”. Roll call ON VITALE AMENDMENT showed Aye: Pearce, Vitale, and Weaver. Nays: Hanson, Henry, McKinley, Shumway, and Paulekas. Absent: Kempert. MOTION FAILED. MOTION BY HANSON, seconded by Shumway, that to the second bullet point add “all” after “Following”. Roll call ON HANSON AMENDMENT showed Aye: Hanson, McKinley, Shumway, Weaver, and Paulekas. Nays: Henry, Pearce, and Vitale. Absent: Kempert. MOTION CARRIED. MOTION BY SHUMWAY, seconded by Weaver, that Council change bullet point 1 by eliminating “for items not found on the agenda”. Roll call ON SHUMWAY AMENDMENT showed Aye: Hanson, Henry, McKinley, Pearce, Shumway, Weaver, and Paulekas. Nays: Vitale. Absent: Kempert. MOTION CARRIED. Roll call ON MOTION AS AMENDED showed Aye: Hanson, Henry, McKinley, Pearce, Shumway, Weaver, ---PAGE BREAK--- MINUTES CITY OF LARAMIE, WYOMING CITY COUNCIL MEETING May 21, 2013 Page 7 and Paulekas. Nays: Vitale. Absent: Kempert. MOTION CARRIED. 15. Consideration of future Council work session topics. None. 16. Public Comments on Non-Agenda Items by sign-in requests. None. 17. Adjourn to Executive Session for land negotiations. MOTION BY HANSON, seconded by Weaver, that Council adjourn to Executive Session for land negotiations. MOTION CARRIED by voice vote. Council adjourned at 8:32 p.m. Respectfully submitted, Sue Morris-Jones, MMC City Clerk